IN THE CASE OF:	  

		BOARD DATE:	  17 July 2012

		DOCKET NUMBER:  AR20120001794


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show:

* in item 8a (Last Duty Assignment and Major Command), he was last assigned to either Fort Polk, LA or Fort Hood, TX, instead of Battery B, Personnel Control Facility (PCF), Personnel and Support Battalion,      U.S. Army Field Artillery Center and Fort Sill (USAFACFS)//TRADOC TC
* in item 8b (Station Where Separated), he was separated from Fort Polk, LA, instead of Fort Sill, OK
* in item 15a (Member Contributed to Post-Vietnam Era Veterans' Educational Assistance Program), a checkmark in the "no" block
* in item 15b (High School Graduate or Equivalent), a checkmark in the "yes" block
* in item 19a (Mailing Address After Separation), his mailing address at the time of his discharge was 8XXX Fxxxxx Avenue, Glenarden, MD  20706
* in item 19b (Nearest Relative), his nearest relative was his mother, Mxxxxx Wxxxxxxx, who resided at 8XXX Fxxxxx Avenue, Glenarden, MD  20706
* in item 20 (Member Requests Copy 6 Be Sent To ___ Director of Veterans Affairs), copy 6 of his DD Form 214 should be sent to the MD Director of Veterans Affairs
* in item 21 (Signature of Member Being Separated), he signed his DD Form 214
* in item 23 (Type of Separation), he was discharged
* in item 24 (Character of Service), he received an under honorable conditions (general) characterization of service

2.  In a 2-page hand-written statement, the applicant states his period of service  was full of stress brought on by family issues, which were compounded by his youth and inexperience as a husband and father and his geographical separation while he was stationed in Korea.  The stress he experienced was further compounded by his wife's financial mismanagement.  Eventually, he and his spouse were able to establish their household at Fort Polk, LA, but after his unit received relocation orders to Fort Hood, TX, his spouse decided she would stay in Lousiana.

3.  The applicant provides 7 letters of character reference/support.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant requested correction of his DD Form 214 to amend item 15a to show a checkmark in the "no" block, item 15b to show a checkmark in the "yes" block, and item 23 to show he was discharged.  His DD Form 214 currently reflects these items as requested and they require no correction; therefore, they will not be discussed further in these Proceedings.

3.  The applicant enlisted in the Regular Army on 9 May 1990.  He completed training and was awarded military occupational specialty 13B (Cannon Crewmember).  

4.  Item 5 (Oversea Service) of his DA Form 2-1 (Personnel Qualification Record – Part II) shows he served in Korea from 13 October 1990 to 20 November 1991. Following his reassignment back to the continental United States, he was assigned to Battery B, 5th Battalion, 1st Field Artillery Regiment, Fort Polk, LA.

5.  On 26 February 1992, he was reported absent without leave (AWOL) from his unit at Fort Polk, LA.  

6.  It appears Battery B, 5th Battalion, 1st Field Artillery Regiment relocated from Fort Polk, LA to Fort Hood, TX and was redesignated as Battery B, 1st Battalion, 14th Field Artillery Regiment.

7.  On 25 February 1994, he returned to military control at Fort Polk, LA.  Following his return to military control, he was remanded to the PCF at Fort Sill, OK.

8.  Orders 063-21, Headquarters, USAFACFS, dated 4 March 1994, assigned him to Battery B, Personnel and Support Battalion, USAFACFS, effective          25 February 1994.

9.  On 2 March 1994, court-martial charges were preferred against him for being AWOL from on or about 26 February 1992 to on or about 25 February 1994, in violation of Article 86 of the Uniform Code of Military Justice (UCMJ).

10.  On 3 March 1994, he consulted with legal counsel and he was advised of the basis for the contemplated trial by court-martial, the maximum permissible punishment authorized under the UCMJ, the possible effects of an under other than honorable conditions discharge, and of the procedures and rights that were available to him.  Subsequent to receiving this legal counsel, he voluntarily requested discharge under the provisions of Army Regulation 635-200,
chapter 10, for the good of the service - in lieu of trial by court-martial.

11.  In his request for discharge, he acknowledged he understood that by requesting discharge, he was admitting guilt to the charge against him, or of a lesser included offense, that also authorized the imposition of a bad conduct or dishonorable discharge.  He further acknowledged he understood that if his discharge request was approved, he could be deprived of many or all Army benefits, that he could be ineligible for many or all benefits administered by the Department of Veterans Affairs (VA), and that he could be deprived of his rights and benefits as a veteran under both Federal and State laws.  He declined to submit a statement in his own behalf.

12.  On 3 March 1994, he was granted excess leave pending his discharge in lieu of trial by court-martial.  Item 13 (Leave Address) of his DA Form 31 (Request and Authority for Leave) shows his leave address as 4XX Jxxxxxx St., New Llano, LA 71461.  
13.  Additionally, he completed a Fort Sill Form 757 (PCF) (Information Sheet), wherein he listed his leave address as 4XX Jxxxxxx St., New Llano, LA 71461, and his next of kin's address as 8XXX Fxxxxx Avenue, Glenarden, MD  20706.

14.  On 18 April 1994, the separation authority approved his request for discharge and directed the issuance of an under other than honorable conditions discharge.  On 5 May 1994, he was discharged accordingly.  The DD Form 214 he was issued shows he was credited with the completion of 1 year, 11 months, and 27 days of net active service during this period of active duty and he had lost time from 26 February 1992 through 25 February 1994.  Additionally:

* Item 8a shows his last duty assignment and major command as "WOVG PCF P S BN USAFACFS//TRADOC TC"
* Item 8b shows he was separated at Fort Sill, OK
* Item 19a shows his mailing address after separation as "4XX Jxxxxxxx Street, New Uano, LA 71461"
* Item 19b shows his nearest relative as " Mxxxxx Wxxxxxxx (Mother), 8XXX Fxxxxx Avenue, Glenarden, MD  20706"
* Item 20 shows he requested copy 6 of his DD Form 214 be sent to the LA Director of Veterans Affairs
* Item 21 shows he was not available to sign his DD Form 214
* Item 24 shows he received an under other than honorable characterization of service

The highest rank/grade he attained while serving on active duty was private first class/E-3.

15.  There is no indication that the applicant applied to the Army Discharge Review Board for an upgrade of his discharge within its 15-year statute of limitations.

16.  Army Regulation 635-200 (Personnel Separations - Enlisted Personnel) sets forth the basic authority for the separation of enlisted personnel.  Chapter 10 of that regulation provides, in pertinent part, that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may, submit a request for discharge for the good of the service in lieu of trial by court-martial.  The request may be submitted at any time after charges have been preferred and must include the individual's admission of guilt.  Although an honorable or general discharge is authorized, a discharge under other than honorable conditions is normally considered appropriate.

   a. Paragraph 3-7a provides that an honorable discharge is a separation with honor and entitles the recipient to benefits provided by law.  The honorable characterization is appropriate when the quality of the member's service generally has met the standards of acceptable conduct and performance of duty for Army personnel or is otherwise so meritorious that any other characterization would be clearly inappropriate.

   b. Paragraph 3-7b provides that a general discharge is a separation from the Army under honorable conditions.  When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge.  

17.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty to include attendance at basic combat and advanced individual training.  It is important that information entered on the form should be complete and accurate. Chapter 2 of this regulation states:

* Item 8a shows the last unit of assignment, major command with the corresponding two character assignment code
* Item 8b shows the location where the Soldier is transitioning, including State or country
* Item 19 is provided by the Soldier; the address must be a permanent address
* Item 20, if requested by the Soldier this copy will be forwarded to the State Veterans Affairs Office (indicated by the Soldier) for eligibility determination of state benefits; enter "X" in appropriate block and indicate State abbreviation
* Item 21 indicates a Soldier has reviewed the form and accepted the information as being correct to the best of his or her knowledge; when Soldier is not available (discharged in absentia or physically unable), enter "SOLDIER NOT AVAILABLE TO SIGN"

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for numerous corrections to his DD Form 214 was carefully considered.

2.  The evidence of record shows he was assigned to the PCF at Fort Sill, OK during his separation processing; therefore, items 8a and 8b on his DD Form 214 contains no error.

3.  The evidence of record shows the addresses that appear in items 19a and 19b of his DD Form 214 are incorrect; therefore, it would be appropriate to correct these entries.

4.  His DD Form 214 shows his home of record as MD; therefore, it would be appropriate to correct item 20 of his DD Form 214 and to send copy 6 to the MD Director of Veterans Affairs.

5.  The applicant did not sign his DD Form 214, as he was on excess leave at the time his DD Form 214 was prepared; therefore, he is not entitled to have it corrected to show he signed it.

6.  The applicant requests upgrade of the characterization of his discharge, from under other than honorable conditions to under honorable conditions (general).  The evidence of record shows he was charged with the commission of an offense punishable under the UCMJ with a punitive discharge.  Discharges under the provisions of Army Regulation 635-200, chapter 10, are voluntary requests for discharge in lieu of trial by court-martial.

7.  The available evidence shows he was properly and equitably discharged in accordance with the regulations in effect at the time.  There is no indication of procedural errors which would have jeopardized his rights.  All requirements of law and regulation were met, and the rights of the applicant were fully protected throughout the separation process.  His discharge accurately reflects his overall record of service.

8.  Based on his extended period of time lost, his service clearly does not meet the standards of acceptable conduct and performance of duty for Army personnel.  This misconduct also rendered his service unsatisfactory; therefore, he is not entitled to an upgrade of his discharge characterization.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ___X_____  ____X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

* amending item 19a of his DD Form 214 to read "4XX Jxxxxxx St., New Llano, LA 71461"
* amend item 19b of his DD Form 214 to read " Mxxxxx Wxxxxxxx (Mother), 8XXX Fxxxxx Avenue, Glenarden, MD  20706"
* amending item 20 of his DD Form 214 to read "MD" and forwarding a copy of the DD Form 214 and the DD Form 215 (Correction to DD Form 214) to the MD Regional Office of the Department of Veterans Affairs

2.  The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to correcting items 8a, 8b, 21, and 24 of his DD Form 214.



      ___________X_____________
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont)                                         AR20100014558



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120001794



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1